Legal Opinion

Freeport Bank of Freeport v. Viemeister

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1929PublishedCited by 8 opinions

1Opinion of the CourtCarswell, J.

This action is based upon a check for $1,000 made by the defendant Viemeister to one Gilbert, who was a depositor of the plaintiff, Freeport Bank. The payment upon the check was stopped by the maker, Viemeister, and the bank sued for $1,000. Upon the trial it claimed it was entitled to a judgment of $679.49, the extent to which it claimed to be the holder for value of the check involved. A jury was waived and the trial court dismissed the complaint. From the judgment thereon, plaintiff appeals and seeks not only a reversal but a judgment in its favor for $679.49, with interest. The material…

2Cases cited5 opinions

  1. Middleton v. . WhitridgeNew York Court of Appeals · 1915
  2. Bath National Bank v. Ely N. Sonnenstrahl, Inc.New York Court of Appeals · 1928
  3. Merchants National Bank of St. Paul v. Santa Maria Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1914
  4. American Trust & Savings Bank v. AustinNew York Supreme Court · 1898
  5. Cullinan v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. In Re Kountze Bros.Court of Appeals for the Second Circuit · 1935
  2. McAuley v. Morris Plan BankSupreme Court of Virginia · 1931
  3. Gilbert v. Chase National BankDistrict Court, S.D. New York · 1952
  4. Sandler v. United Industrial BankAppellate Division of the Supreme Court of the State of New York · 1965
  5. First National Bank v. MarguliesAppellate Terms of the Supreme Court of New York · 1962

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